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Legislative Bill Action until January 1, 2006, a disabled person or disabled that existing statutory requirements agreed upon by veteran, displaying special disabled person license local government and design professionals in plates or a placard, to park in restricted zones Chapter 722, Statutes of 1997 (AB 994) are suffi- designated for street sweeping, without being issued cient protection for both local agencies and the a parking violation, AB 1800 runs counter to the design professional. Staff: Natasha Fooman, Status: requirements being put in place by the state and SenJud;Hrg-6/4, Position: Oppose, Regional Water (]uality Control Boards relative to NPDES and TMDL permits. We have s,,~gested SB 1119 (Margett). Bid Solicitations. Charter additional language (underlined below) to address Cities, SB 1119 would place the burden upon our TMDL and water quality issue concerns. Please charter cities to announce to contractors that they write your Senator and copy both the League and are dealing with a charter city, which may not have Assembly Member Kehoe, requesting that the the same contracting rules as the State of California. League's amendments be included in AB 1800: The League maintains that the burden should not be SEC. 5. It is the intent of tho Legislature that on cities to inform contractors as to the taw, and that compliance with paragraph (3) of subdivision (al of this bill punishes cities for a contractor's lack of due Section 22511.5, as amended, shall not be construed diligence. A licensed contractor has a fiduciary duty to create a violation of any municipal storm water to know with which public entity they are contract- National Pollutant Discharge Elimination System lng; if they are uncertain about the status of a city, permit, or of any total maximum daily load or water they have many ways to obtain this information ouality standard or obiective. The Legislature (including the League's website). Further, charter intends to reassess the provisions of paragraph (3) cities are not the only public entities that are gov- of subdivision (al of Section 22511.5, as amended, emed by laws that differ from those that apply to after obtaining information from the League of state agencies - yet the bill does not apply to California Cities on any impact this measure may sanitation, water, transit, school, or other special have on the ability of local agencies to obtain or districts, nor to charter counties or the State of remain in compliance with municipal storm water California. The Public Contract Code has different permits, rules for each of the entities above. This bill implies Staff: Natasha Fooman, Status: SenTrans~rg-6/4, that a contractor knows which public entity they are Position: Oppose Unless Amended. dealing with in every instance, except those involv- lng charter cities. Why? Finaliy, SB 1119 will add to AB 1839 (Campbell). Indemnity. Public the already heavy litigation burden of cities by Agency. AB 1839 limits the conditions under which opening the door to unnecessary litigation over the a design professional would be required to indem- adequacy of the warning and it's impact. Staff: nify a public agency to negligence and willful Natasha Fooman, Status: AsBus&Prof;Hrg-6/4, misconduct, which is the normal tort rule, and hence Position: Oppose. provides for no indemnification of public agencies. Indemnity of the public agency is further limited to ENVIRONMENTAL causation arising from action "in the performance of the agreement or contract," which allows an addi- SB 1374 (Kuehl). Solid Waste and Recycling. tional loophole for the design professional to avoid Construction and Demolition Waste. SB 1:)74 indemnifying a public agency. While AB 1839 does requires the California Integrated Waste Management not specifically state that it affects design-build Board to prepare a model ordinance that local contracts, it would bar public agencies, on design- agencies may adopt for diverting 50 to 70 percent of build projects where the architectural and engineer- construction and demolition waste from landfill. It ~ng firm is also doing the construction, from obtain- also requires the Waste Board, when determining lng the broad indemnity protection normally recom- whether or not to impose penalties under AB 939, to mended form construction contractors. We believe take into consideration whether the local agency has Visit the League's Official Web Site--www. cacities.org PRIORITY FOCUS/PAGE 5